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ricedreamgirl

Lack of payment for media provided

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I was approached to exchange video and pictures (digitally) for a sum of money via text message with an ex co worker. He said he would pay me two days later (Friday the 6th) via bank transfer. We covered basic requirements for content, length of video, etc. I provided some samples and asked if we still had a deal, and he confirmed that we did. I provided the rest of the media exactly as requested. He was pleased with the results. On the day I was to be paid, he claimed a bank error and said that it should be resolved in another three days (Tuesday the 10th) I contacted him politely on that day, as well as the next day (today) and have since, been completely ignored. I have the entire exchange via text as well as the media provided.  Also, I am in New York and he is in Pennsylvania. 

 

If he continues to ignore me, do I have a right to sue? 

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There is no need to advise him since he is ignoring you anyway.  However, you should realize that if you sue him you will have to go to Pennsylvania at least twice (once to file and once for the trial).  You will not be compensated for your travel or time.  Then you will spend more time in a possibly fruitless attempt to collect the judgment if you win.  Whether to proceed or chalk it up to bad experience is an economic decision.  How much does he owe you?

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11 hours ago, ricedreamgirl said:

I was approached to exchange video and pictures (digitally) for a sum of money via text message with an ex co worker.

 

You were approached via text message?  Or the "exchange [of] video and pictures" was to take place via text message?  Why would your former co-worker engage you to do this as opposed to handling the exchange himself?  Or are you simply saying that this person wanted to buy some digital media files from you?  Do you own the copyright to these videos and pictures or do you have a license from the copyright owner(s) to do this?

 

 

11 hours ago, ricedreamgirl said:

do I have a right to sue?

 

Of course, but that doesn't necessarily mean you'll win.

 

 

11 hours ago, adjusterjack said:

But you'll have to do it in Pennsylvania.

 

Not necessarily.  Nothing posted by the OP compels the conclusion that New York would not have personal jurisdiction over the defendant.  However, there may be a number of reasons why Pennsylvania would be a better forum.

 

 

11 hours ago, ricedreamgirl said:

Would you advise that I inform him of my intentions or should I just proceed into the paperwork/summons?

 

No one here is advising you, but it often makes sense to tell someone who owes you money that, if the money is not paid by a date certain, you will avail yourself of your legal rights.  How much $$ is at issue here.

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